-Racketeer Influenced
AUTHOR Elmar Broke, MP On behalf of: FALLEENTIUM CONSERVATIVE AND REFORM PARTY. NAMES Full: Racketeer Influenced & Corrupt Organizations Act of 574AER Short: RICO Acts LONG TITLE - PRINCIPLE NAME An Act to prohibit the operation of organized criminal enterprises and the profiteering from organized crime RICO ACTS, 574AER Be it enacted by the Emperor’s most Excellent Majesty, by and with the advice and consent of the Imperial Senate, and Deputies, in this present Parliament assembled, and by the authority of the same, as follows:— 1ㅤㅤ Definitions (1) ACT I: ”Enterprise” refers to any coordinated, cooperative or collaborative activity undertaken by two or more persons associated by fact, but not necessarily through a legal entity, with the intention of achieving financial or other material gain for the affiliated persons. (2) “Racketeering” refers to acquiring, establishing, operating an enterprise through illegal acts or with illegally derived income. (3) ”Unlawful Debt” refers to any money or other thing of value constituting principal or interest of a debt that is incurred or contracted in violation of any of the aforementioned activities listed in Clause 1, provision (2). (4) ”Conspiracy” refers to an agreement between two or more persons to engage in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of actors, at some point in the future. 2ㅤㅤProhibition of Racketeering Activity (1) It shall be unlawful for any person, group of persons, or organization(s), to knowingly engage or participate in, or conspire to engage or participate in, a pattern of racketeering activity, or through the collection of an unlawful debt, that can reasonably be determined to be done in the service of, association with or employment by any enterprise. (2) It shall be unlawful for any person, group of persons, or organization(s), to knowingly and intentionally aid, solicit, order, command, direct, coerce or intimidate another person, or group of persons, directly or indirectly, to engage in a pattern of racketeering activity, or the collection of an unlawful debt, that can reasonably be determined to be done in the service of, association with or employment by any enterprise. 3ㅤㅤProhibition of Benefiting from the Proceeds of Racketeering (1) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise including, but not limited to, a corporation, sole proprietorship, business trust, chartered union, or any unchartered union, association or group of individuals associated in fact although not a legal entity. (2) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, commercial activity. (3) It shall be unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to receive anything of value or to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property. (4) It shall be unlawful for any person to receive any income derived, directly or indirectly, from a pattern of racketeering activity, due to a discernible position of rank, leadership or seniority within an enterprise. (5) It shall be unlawful for any person to conspire to violate any of the provisions of this clause. 4ㅤㅤCharging of Incidents of Racketeering Activity (1) All allegations of violation(s) of Clause 2, 3 or 4 of this Act shall be charged in a court of Falleentium through a criminal indictment. (2) In any information or indictment charging a violation of Clause 2, 3 or 4 of this Act, the state shall allege the existence of a clear and consistent pattern of racketeering activity based upon substantive and compelling evidence of at least two incidents of racketeering activity, all of which shall be specified within the indictment. (3) In any such indictment, the state shall separately list each individual offence, which it alleges to have been committed by the Defendant(s) in violation of Clause 2, 3 or 4 of this Act. (4) Any information or indictment charging a violation, or violations, of Clause 2, 3 or 4 shall also indicate whether, and to what extent, the state alleges that any property of the Defendant(s) may be subject to forfeiture as detailed in Clause 6 of this Act. 5ㅤㅤTrial, Conviction and Criminal Penalties (1) Any prosecution conducted by the state alleging violations of this Act before a court of Falleentium shall adopt affidavit proceedings as the rules of court, notwithstanding the fact that different proceedings may be utilized in other matters before the Court. (2) In order to be convicted of violating any provision of this Act, a person must be deemed to be guilty beyond a reasonable doubt by a Court of Falleentium, either through the decision of a judge or jury, at the conclusion of a trial or upon the submission of a plea of guilty by the Defendant(s). (3) In any prosecution conducted under the terms of this Act, the court or the jury shall indicate each count of the indictment that it finds to have been proven by the state in violation of this Act beyond a reasonable doubt. (4) Conviction of violating any provision of Clause 2 of this Act shall carry with it a penalty that is twice what is specified within the Penal Code of each state in Falleentium for the associated racketeering activity within that particular count. (5) Conviction of violating any provision of Clause 3 of this Act shall carry with it a minimum penalty of one year imprisonment and a maximum penalty of twenty years imprisonment, in addition to forfeiture which may be determined by Clause 6 of this Act. 6ㅤㅤForfeiture of Criminal Property or Assets (1) Upon conviction of a person found to be violation of any provision within Clause 2, 3 or 4 of this Act, the Court or the jury, as the case may be, before which the Defendant(s) was tried shall determine whether any property of the Defendant(s) was acquired, maintained or used in violation of Clause 2 and or 3 of this Act. (2) Upon a determination thereof, the Courts shall render a judgment of forfeiture and authorize law enforcement to seize in the name of the Empire of Falleentium all property subject to forfeiture under this Act upon such terms or conditions, relating only to such matters as the time and method of such seizure as the court shall deem proper. Category:The Institute of Laws and Regulations